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Motions for Relief from Stay with inaccurate foreclos=

Posted: Tue May 11, 2010 8:57 pm
by Yahoo Bot

I didn't say I "think" it will work. I do it on a regular basis. I only say it is "almost guaranteed" to work because not everyone has good courtroom skills. You need to know your judge, know your opponent, and be able to sell it. If you don't think it will work, it won't. And no lender is going to proceed with a sale before the date indicated in the order. That's why they call it an order.
To: cdcbaa@yahoogroups.com
Date: Tue, 11 May 2010 19:11:18 -0700
Subject: Re: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
I don't think that will work. The banks will just go forward with the foreclosure sale. To make something of this issue, you'd have to file a complaint for wrongful foreclosure arguing the fact that the bank itself said that no NOD had been served and recorded lulled the debtorinto not doing anything to protect its rights in the property - however; I don't think this is a winning argument either. Bank will say the debtor received the NOD and had the burden to appraise himself of the sale date, etc.
On Tue, May 11, 2010 at 5:08 PM, warren brown wrote:
Almost guaranteed to work: Appear at the hearing and indicate that you have no basis for opposition, but because the Debtor is working on .... loan mod, refi, writ of habeus corpus, devine intervention, whatever...some time is needed. Because the lender has indicated that in fact no foreclosure has commenced, you will stip to relief but no actual sale for the number of days needed to complete a foreclosure from N.O.D. through sale. I would be careful about putting the flaw into a written opposition, because you will tip your hand. Our judges are proud and very protective of their forms, and a declaration under penalty of perjury should mean something. Try it. You should like it. WB
To: cdcbaa@yahoogroups.com
Date: Tue, 11 May 2010 13:51:17 -0400
Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
It is not uncommon to receive Motions for Relief from Stay on real property where the form Declaration contains inaccurate or incomplete information regarding the status of the foreclosure. Often when a Notice of Default and/or Notice of Trustee's Sale has been recorded pre-petition, Sections 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I was served with a Motion for Relief from Stay (from a very good creditor firm) where a Notice of Default and Notice of Trustee's Sale had been recorded pre-petition, and the form Declaration states "None Recorded" for both.
Is there anything which can/should be done about these inaccurate Motions, assuming no other basis to oppose relief? I remember I once filed a brief Opposition in front of Judge Russell bringing it to his attention, and he took a "no harm, no foul" approach and granted the Motion. Any thoughts? Keith H., what is your experience in such situations in front of the Los Angeles judges?
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
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The post was migrated from Yahoo.

Motions for Relief from Stay with inaccurate foreclos=

Posted: Tue May 11, 2010 5:08 pm
by Yahoo Bot

Almost guaranteed to work: Appear at the hearing and indicate that you have no basis for opposition, but because the Debtor is working on .... loan mod, refi, writ of habeus corpus, devine intervention, whatever...some time is needed. Because the lender has indicated that in fact no foreclosure has commenced, you will stip to relief but no actual sale for the number of days needed to complete a foreclosure from N.O.D. through sale. I would be careful about putting the flaw into a written opposition, because you will tip your hand. Our judges are proud and very protective of their forms, and a declaration under penalty of perjury should mean something. Try it. You should like it. WB
To: cdcbaa@yahoogroups.com
Date: Tue, 11 May 2010 13:51:17 -0400
Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
It is not uncommon to receive Motions for Relief from Stay on real property where the form Declaration contains inaccurate or incomplete information regarding the status of the foreclosure. Often when a Notice of Default and/or Notice of Trustee's Sale has been recorded pre-petition, Sections 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I was served with a Motion for Relief from Stay (from a very good creditor firm) where a Notice of Default and Notice of Trustee's Sale had been recorded pre-petition, and the form Declaration states "None Recorded" for both.
Is there anything which can/should be done about these inaccurate Motions, assuming no other basis to oppose relief? I remember I once filed a brief Opposition in front of Judge Russell bringing it to his attention, and he took a "no harm, no foul" approach and granted the Motion. Any thoughts? Keith H., what is your experience in such situations in front of the Los Angeles judges?
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

The post was migrated from Yahoo.

Motions for Relief from Stay with inaccurate foreclos=

Posted: Tue May 11, 2010 11:14 am
by Yahoo Bot

Refer toOUST.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Tue, May 11, 2010 10:51:17 AM
Subject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
It is not uncommon to receive Motions for Relief from Stay on real property where the form Declaration contains inaccurate or incomplete information regarding the status of the foreclosure. Often when a Notice of Default and/or Notice of Trustee's Sale has been recorded pre-petition, Sections 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I was served with a Motion for Relief from Stay (from a very good creditor firm) where a Notice of Default and Notice of Trustee's Sale had been recorded pre-petition, and the form Declaration states "None Recorded" for both.
Is there anything which can/should be done about these inaccurate Motions, assuming no other basis to oppose relief? I remember I once filed a brief Opposition in front of Judge Russell bringing it to his attention, and he took a "no harm, no foul" approach and granted the Motion. Any thoughts? Keith H., what is your experience in such situations in front of the Los Angeles judges?
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.E DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
Los Angeles, California 90025
Refer to OUST. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Jim Selth <jim@wsrlaw.net>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Sent: Tue, May 11, 2010 10:51:17 AMSubject: RE: [cdcbaa] Motions for Relief from Stay with inaccurate foreclosure information
It is not uncommon to receive Motions for Relief from Stay on real property where the form Declaration contains inaccurate or incomplete information regarding the status of the foreclosure. Often when a Notice of Default and/or Notice of Trustee's Sale has been recorded pre-petition, Sections 8(h) and 8(i) of the form Declaration will be blank or state "N/A". Today I was served with a Motion for Relief from Stay (from a very good creditor firm) where a Notice of Default and Notice of Trustee's Sale had been recorded pre-petition, and the form Declaration states "None Recorded" for both.

Is there anything which can/should be done about these inaccurate Motions, assuming no other basis to oppose relief? I remember I once filed a brief Opposition in front of Judge Russell bringing it to his attention, and he took a "no harm, no foul" approach and granted the Motion. Any thoughts? Keith H., what is your experience in such situations in front of the Los Angeles judges?

Jim

James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net

NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

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